United Nations CEDAW/C/MDA/Q/4-5/Add.1 Convention on the Elimination Distr.: General of All Forms of Discrimination 13 June 2013 against Women Original: English Committee on the Elimination of Discrimination against Women Fifty-sixth session 30 September-18 October 2013 Responses to the list of issues and questions with regard to the consideration of the fourth and fifth periodic reports Republic of Moldova* __________________ * The present document is issued without formal editing. 13-36253 (E) 110713 *1336253* CEDAW/C/MDA/Q/4-5/Add.1 General 1. With the view to improving the statistical collection and analysis system, the Government Committee on Gender Equality approved on 3 April 2012 the Gender Sensitive Development indicators, which serve as a useful working tool for specialists at the national and local levels to be used in the process of formulation, implementation and assessment of public policies. The primary and secondary indicators are classified in accordance with the thematic areas of the NPEGE (employment and migration, gender-sensitive budgeting, women’s participation in decision-making, social protection and family, healthcare, education, combating violence and trafficking in human beings, public awareness levels and mass-media role). The development process was a participatory one, carried out within the workshops for gender focal points within Central Public Administration as well as for representatives of territorial social assistance authorities. The Set of harmonized development indicators was presented and approved at the meeting of the Governmental Committee for Equality between Women and Men dated April 3, 2012. Within the project “Strengthening the National Statistical System”, the National Bureau of Statistics with the support of UNDP and UN-Women developed and published the 2012 edition of “Women and Men in the Republic of Moldova. Analysis from a territorial perspective”. The analysis covers 11 chapters, which include major public and social sectors, providing statistical data disaggregated by gender. Also within the above mentioned project, in 2011 the study “Violence against women in the family” was developed and published (annex No. 1). Trafficking in human beings (THB): According to the data of the Ministry of Internal Affairs on combating human trafficking during 2012 the following were recorded: 151 criminal cases for human trafficking offences, with 266 identified victims of which: Gender dimension • about 65% are women (174 persons) and 35% are men (92 persons); The purpose of trafficking • 126 victims were sexually exploited (100% women); • 126 victims were exploited in labour (37 women, 89 men); • 13 victims were exploited in begging (6 women, 7 men); Destination country depending on the number of victims identified: • sexual exploitation; • exploitation in labour; • begging; • for the purpose of organ removal. 2 13-36253 CEDAW/C/MDA/Q/4-5/Add.1 Country of destination according to number of victims identified 58 56 40 22 18 20 15 13 11 4 2 1 1 3 1 1 Russia Turkey Cyprus UAE Ukraine Italy Greece Lebanon Spain Moldova Sexual exploitation Exploitation in labour Begging For the purpose of organ removal Women with disabilities The Republic of Moldova ratified in 2010 the UN Convention on the Rights of Persons with Disabilities, thus reaffirming the particular importance given by the Government to achieving better standards towards the inclusion, ensuring equal rights and quality of life of persons with disabilities, including women. Annually, the Medical Commission for Expertise of Vitality establishes the degree of disability for about 13,000 persons aged 16 years and older, and an average of 372.8 persons recognized as disabled for the first time account for 100,000 population. The incidence of primary disability is much higher for men — 465.7 persons per 100,000 men as compared to 286.9 persons per 100,000 women. However, primary disability in women has recently decreased as compared to 2006, while for men it remains a high one. At the regional level, we find the highest rate of incidence of primary disability in people of ATU Gagauzia, where 532.1 persons with primary disability account for 100,000 population as compared to 301.1 persons in Chisinau municipality. 13-36253 3 CEDAW/C/MDA/Q/4-5/Add.1 Incidence of primary disability, persons per 100,000 population • Total • Men • Women Statistical data, disaggregated by gender, are very important in the process of public policy development. Thus, the development of regulations starts, first of all, with the ex ante analysis elaboration, one of objectives of which is to study the problem based on the studies, monitoring reports, researches and statistical data available in that area. In this respect, statistical data are important sources which form the basis of policy substantiation, being used to analyse the current situation, to identify key issues, to establish certain progress indicators, etc. With regard to Romani women, specific actions targeted at the situation of the Romani women are contained in the National Action Plan for the support of Roma people for 2011-2015, which is considered to be a gender-sensitive strategy. The Plan provides for the mapping of Roma population and of the existing medical and social services, including disaggregated by gender, the elaboration of analysis/ quantitative and qualitative research disaggregated by gender in the area of education, social protection, health etc. Hence, in 2013, UNDP presented the Report on mapping the localities densely populated by Roma, which offers disaggregated data. A separate study regarding the situation of Roma women was elaborated in cooperation with UN-Women, the Office of the High Commissioner for Human Rights, UNDP Moldova, upon consultation of relevant national authorities, Roma NGO’s and LPA’s. Constitutional, legislative and institutional framework 2. On May 25, 2012, the Law No. 121 on Ensuring Equality was adopted. The purpose of this law is to prevent and combat discrimination and to ensure equal opportunities and treatment to all persons in the Republic of Moldova in the political, economic, social, cultural and other spheres of life regardless of race, colour, nationality, ethnic origin, language, religion or beliefs, sex, age, disability, opinion, political affiliation, or any other similar criteria. Also, it is important to note that the Law includes liability for acts of discrimination. According to article 17, acts of discrimination are subject to disciplinary, civil, administrative and criminal legislation in force. Therefore, the provisions of art. 24 of the Law No. 5 on ensuring equal opportunities for women and men, through the amendments made has acquired an applicable connotation. Chapter III of the Law No. 121 also provides for the institutional framework for preventing and combating discrimination and ensuring equal opportunities. Thus, subjects with powers in preventing and combating discrimination and ensuring equal opportunities are: (a) Council on preventing and combating discrimination and ensuring equal opportunities; (b) public authorities; (c) courts. On December 21, 2012 the Parliament adopted the Law No. 289 on the activity of the Council on Prevention and Combating Discrimination and Ensuring Equality. 4 13-36253 CEDAW/C/MDA/Q/4-5/Add.1 Along with the regulation on Equality Council, amendments to related legislation such as the Criminal Code, Contravention Code, Law on public service, etc. were adopted. It provided for administrative and criminal liability for acts of discrimination, including on grounds of sex. On November 29, 2012 the Parliament adopted a decision on the creation of the Commission responsible for the organization and development of the public contest for the selection of the candidates for the members of the Anti-discrimination Council. The Commission developed the Rules for the contest and announced the competition1 on December 20, 2012. Since then, 2 rounds for the selection of the candidates were organized. 2 members out of 5 applications were selected by the Commission in the initial phase (lawyer Doina-Ioana Străisteanu and psychologist Oxana Gumenaia) and 3 other members out of 9 new applications were approved by the Parliament on June 6 2013 (Andrei Brighidin, Lucia Gavriliţă, Ian Feldman). Thus, full composition was ensured for the Council, which will meet shortly for establishing a Strategy of activity and electing the President of the institution. At the same time, the Law No. 121 provides for the right to protection of the victim of discrimination. Any person who is considered to be a victim of discrimination is entitled to bring an action before the court and request: • to establish infringement of his/her rights; • to prohibit further infringement of his/her rights; • to restore the previous situation of infringement of his/her rights; • to repair material and moral damage that was caused to him/her, as well as to reimburse court costs; • to declare the act which led to his/her discrimination invalid. Trade unions or community-based organizations in the field of promotion and protection of human rights may also bring an action before the Court to protect those who are considered to be victims of discrimination. With reference to harmonization of national legislation with provisions of the Law No. 5-XVI dated February 9, 2006 In 2012 the draft Law which aims at the harmonization of national legislation with the provisions of the Law No. 5 was developed and submitted to the Government for approval It is currently in the final phase of approval by the Government and to be sent to the Parliament for examination. The draft law provisions were harmonized with Council of Europe recommendations and propose the amendment of the following laws: • An affirmative action, providing for a minimum participation rate of 40% for both sexes, was proposed to be included in the Law No. 64-XII of May 31, 1990 on the Government to ensure the promotion of active participation of women in decision-making and public representation structures. Also, strengthening the powers of Government regarding the role of promoter and coordinator of gender sensitive policies was envisaged.